© Brain League IP Services Private Limited - 2011 1
INTRODUCTION
deas have the potential to generate tremendous commercial...
© Brain League IP Services Private Limited - 2011 2
Economic rationale
An individual will be inspired to invent and create...
© Brain League IP Services Private Limited - 2011 3
Type of Intellectual
property
Protection Provided to Term of Protectio...
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01 introduction

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Introduction about IP

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01 introduction

  1. 1. © Brain League IP Services Private Limited - 2011 1 INTRODUCTION deas have the potential to generate tremendous commercial value. It is believed that a good idea has more value than land, gold or any other property. An idea by itself would not have any value unless it is converted to property. One of the most viable and popular ways of adding value to an idea is by protecting it as intellectual property. Intellectual Property grants exclusive rights over creative, inventive or innovative ideas to creators, authors and inventors for a limited period of time. The rights granted by intellectual property over ideas are called intellectual property rights and the law relating to such intellectual property is called intellectual property law. Nature of protection Intellectual Property grants exclusive rights for a limited period of time. Exclusive rights are rights that can be exercised by the owner of IP alone. If any one exercises the right granted to the owner without taking permission from the owner, that person would be liable for violation or infringement of IP. The rights granted under intellectual property are only for a limited period of time. On expiry of that period, the creative or inventive idea forms part of the public domain. Any person can exercise rights over an idea that forms part of the public domain without any liability. Rationale The rationale of the government for protecting intellectual property is broadly social, economic and utilitarian. Social Rationale A creative or inventive idea is the result of physical and/or mental efforts of a person. The government rewards the person for efforts behind his idea by granting exclusive rights in the form of intellectual property protection. I
  2. 2. © Brain League IP Services Private Limited - 2011 2 Economic rationale An individual will be inspired to invent and create if he realizes economic or commercial benefits from his creations or inventions. To promote creativity and inventive activity, the government grants exclusive rights in the form of intellectual property, which enables the creator or inventor to gain commercial benefits. Utilitarian rationale The government wants to promote the progress of creativity and inventive activity for purposes of making life better and comfortable for the public. To achieve this goal, it grants exclusive rights in the form of intellectual property to encourage creators and inventors to come up with new creations and inventions. This rationale is a combination of the social and economic rationale viewed from the perspective of public good. Types of Intellectual Property An idea can manifest in a number of ways. It can manifest as a book, invention, design or so on. Each type of manifestation has a different type of intellectual property protection attached to it. There are various types of intellectual property that protect different types of ideas. Each one of them grants different types of exclusive rights and has a unique term of protection. Some of the common types of intellectual property are: a. Patents b. Copyrights c. Trademarks d. Trade Secrets e. Industrial Designs f. Integrated Circuits g. Geographical Indications h. Traditional Knowledge i. Plant Varieties As shown in the table below, each type of intellectual property protects different aspects and has a unique term.
  3. 3. © Brain League IP Services Private Limited - 2011 3 Type of Intellectual property Protection Provided to Term of Protection Patents Inventions 20 years (to be renewed every year after expiry of first three years by payment of annuity) Copyrights Original literary, dramatic, musical and artistic works Life of the author plus 60 years Cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organisations 60 years from the date of publication Trademarks Names of Companies, products, services, schemes and other brand names Unlimited (to be renewed every 10 years by payment of renewal fee) Geographical Indications Indications used to identify natural, agricultural or manufactured goods originating from a definite territory and having special quality or character attributable to such territory. 10 years (renewable for another 10 years on payment of renewal fee) Industrial Designs Features of shape, configuration, pattern, ornamentation or composition of lines or colours applied to any article in two or three dimensional forms. 10 years (renewable for another 10 years on payment of renewal fee) Trade Secrets Any information with independent economic value Unlimited Integrated Circuits Semi-conductor Integrated Chips and Layout Designs 10 years Plant Varieties Genetic resources for new plant varieties 18 years from date of registration for trees and vines; 15 years from date of notification by the central government under Seeds Act for extant and varieties; 15 years from date of registration for all the other varieties. Traditional Knowledge Knowledge, innovations and practices of indigenous and local communities embodying traditional life-styles; the wisdom developed over generations of holistic traditional scientific utilization of the lands, natural resources and environment. Unlimited

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